Bill Text: IL SB1708 | 2011-2012 | 97th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Criminal Code of 1961. Provides that any order of probation or conditional discharge entered following a conviction or an adjudication of delinquency for hate crime shall include a condition that the offender enroll in an educational program discouraging hate crimes if the offender caused criminal damage to property consisting of religious fixtures, objects, or decorations. Provides that the educational program may be administered, as determined by the court, by a university, college, community college, non-profit organization, or the Holocaust and Genocide Commission. Effective January 1, 2012.

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Passed) 2011-07-21 - Public Act . . . . . . . . . 97-0161 [SB1708 Detail]

Download: Illinois-2011-SB1708-Engrossed.html

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SB1708 Engrossed LRB097 07097 RLC 47195 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 1961 is amended by changing
Section 12-7.1 as follows:
(720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
Sec. 12-7.1. Hate crime.
(a) A person commits hate crime when, by reason of the
actual or perceived race, color, creed, religion, ancestry,
gender, sexual orientation, physical or mental disability, or
national origin of another individual or group of individuals,
regardless of the existence of any other motivating factor or
factors, he commits assault, battery, aggravated assault,
misdemeanor theft, criminal trespass to residence, misdemeanor
criminal damage to property, criminal trespass to vehicle,
criminal trespass to real property, mob action or disorderly
conduct as these crimes are defined in Sections 12-1, 12-2,
12-3, 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, and 26-1 of this
Code, respectively, or harassment by telephone as defined in
Section 1-1 of the Harassing and Obscene Communications Act, or
harassment through electronic communications as defined in
clauses (a)(2) and (a)(4) of Section 1-2 of the Harassing and
Obscene Communications Act.

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(b) Except as provided in subsection (b-5), hate crime is a
Class 4 felony for a first offense and a Class 2 felony for a
second or subsequent offense.
(b-5) Hate crime is a Class 3 felony for a first offense
and a Class 2 felony for a second or subsequent offense if
committed:
(1) in a church, synagogue, mosque, or other building,
structure, or place used for religious worship or other
religious purpose;
(2) in a cemetery, mortuary, or other facility used for
the purpose of burial or memorializing the dead;
(3) in a school or other educational facility,
including an administrative facility or public or private
dormitory facility of or associated with the school or
other educational facility;
(4) in a public park or an ethnic or religious
community center;
(5) on the real property comprising any location
specified in clauses (1) through (4) of this subsection
(b-5); or
(6) on a public way within 1,000 feet of the real
property comprising any location specified in clauses (1)
through (4) of this subsection (b-5).
(b-10) Upon imposition of any sentence, the trial court
shall also either order restitution paid to the victim or
impose a fine up to $1,000. In addition, any order of probation

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or conditional discharge entered following a conviction or an
adjudication of delinquency shall include a condition that the
offender perform public or community service of no less than
200 hours if that service is established in the county where
the offender was convicted of hate crime. In addition, any
order of probation or conditional discharge entered following a
conviction or an adjudication of delinquency shall include a
condition that the offender enroll in an educational program
discouraging hate crimes if the offender caused criminal damage
to property consisting of religious fixtures, objects, or
decorations. The educational program may be administered, as
determined by the court, by a university, college, community
college, non-profit organization, or the Holocaust and
Genocide Commission. The court may also impose any other
condition of probation or conditional discharge under this
Section.
(c) Independent of any criminal prosecution or the result
thereof, any person suffering injury to his person or damage to
his property as a result of hate crime may bring a civil action
for damages, injunction or other appropriate relief. The court
may award actual damages, including damages for emotional
distress, or punitive damages. A judgment may include
attorney's fees and costs. The parents or legal guardians,
other than guardians appointed pursuant to the Juvenile Court
Act or the Juvenile Court Act of 1987, of an unemancipated
minor shall be liable for the amount of any judgment for actual

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damages rendered against such minor under this subsection (c)
in any amount not exceeding the amount provided under Section 5
of the Parental Responsibility Law.
(d) "Sexual orientation" means heterosexuality,
homosexuality, or bisexuality.
(Source: P.A. 93-463, eff. 8-8-03; 93-765, eff. 7-19-04; 94-80,
eff. 6-27-05.)
Section 99. Effective date. This Act takes effect January
1, 2012.